Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

The Writer's Strike: What residuals really are:

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
Coexist Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 03:06 PM
Original message
The Writer's Strike: What residuals really are:
This Huffington Post column explains exactly what residuals are, and why the are not a 'bonus'.

Please support our Union Brothers and Sisters!

A residual isn't a handout or an allowance or Paris Hilton's trust fund. It's not a lottery payout, or alimony, or an annuity from a slip and fall accident at a casino.

A residual is a deferred payment against the lifetime value of a script.

<snip>
What should a writer charge, then, for a script that could make $10 million dollars?

A: I dunno. Nine million dollars? Gotta leave something for the actors.

But what's a fair price to charge up front?

A: Right now, we'll take $19,125.

If it's a hit, you can pay us the rest later. I know! We'll call it a residual!


Because writers understand that most shows aren't hits. Most shows lose all the studio's money and go straight down the toilet, like John Ridley's "Barbershop."

That's why, for decades and decades, the system has been that the writers take far less than they should be paid for a hit show, because there's no way of knowing if the show will be a hit or not. This is the "residual" difference in its value. If the show doesn't succeed - for whatever reason (Nathan Lane) - we don't get the rest of our money.

We take far less than our labor is demonstrably potentially worth on the understanding that most shows fail because we like what we do.

But it's the opposite of cheating anyone.

Anyway, I'd be happy to give up my residuals. And not just for syndication and DVDs, but for downloads and streaming video, too. The studios are right; who knows if this crazy Internet thing will last? All I want, in return, is an up front payment of nine million dollars per teleplay.

Short of that, all I want is for people to understand one thing:

A residual is a deferred payment against the lifetime value of a script.


When something is making money - shouldn't everyone involved in the process - especially those who provide the most essential ingredient in the pie, get a slice?!



Printer Friendly | Permalink |  | Top
Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 03:33 PM
Response to Original message
1. Glad You Posted This
It should be understood that writers are not making money hand over fist. I also think if they write a $200 million movie they should as least get as much as the other above the line people.
Printer Friendly | Permalink |  | Top
 
Cogito ergo doleo Donating Member (382 posts) Send PM | Profile | Ignore Mon Nov-05-07 03:40 PM
Response to Original message
2. You work 17+ hours a day, 7 days a week (and a couple of
hours on Christmas) for 2 straight years getting a script in (research, rewrites,maybe even do the storyboards). That means living in a corner looking at a computer screen for over 700 days. You forget what you used to do before you started the project, you give up social life, family life, reading, watching movies, gardening, etc. You end up making under minimum wage for the hours you work, while actors get millions for reciting your lines. The finished product is the payoff. (if you live to see it); you wouldn't give up the work you do because you love it, but it would be nice to be paid for it. Residuals make that possible.:rant:
Printer Friendly | Permalink |  | Top
 
gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 03:53 PM
Response to Original message
3. Typical management tactic
Screw people on the front end and on the back end. Years and years ago, the State of Oregon was in a financial crunch (unlike today, when we have all the money we need, want, or could possibly dream of - heh), and the state employees union said, "Okay, we'll give up the wage increases we negotiated last year, but we want something in return, and that's your promise of a pension." The State, strapped, said okay in order to reduce its current and near-term payroll obligations and keep services going. Funding a pension was a lot cheaper to begin with.

You can all see the punchline, can't you? After the budget crisis passed, and some of those workers who had given up an extra $50 a month retired, the negotiators for the State began moaning about all those "greedy" state employees and their heueueuge pensions. And, of course, there are all sorts of dimwits whining about this negotiated benefit who wonder why those fatcat state employees get a pension anyway. "I don't get a pension from my job at Burgerville!" Yeah and why is that, Sparky?
Printer Friendly | Permalink |  | Top
 
Missy Vixen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 03:59 PM
Response to Original message
4. Proud to be the fifth recommendation
I am an author. My author friends get an advance, which is money against sales. If they don't sell out the print run, they have to return the corresponding percentage of the advance. Plus, most authors in my genre make fifty cents a paperback. Those same paperbacks sell for $7.99 apiece.

If there is no writing, there is no project. I support the strike. Those who write movies, teleplays and other projects deserve to be paid fairly for their work.

Julie
Printer Friendly | Permalink |  | Top
 
Joe Fields Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 04:02 PM
Response to Original message
5. There's a reason most shows aren't hits. The writers suck.

And not just a little bit, either.

Still, I support the union, and am all for whatever anyone can earn.
Printer Friendly | Permalink |  | Top
 
Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 05:19 PM
Response to Reply #5
8. Writers On Most Shows Don't Make The Creative Decisions
The producers do and yes, their decisions often suck and ruin what could be a great show.
Printer Friendly | Permalink |  | Top
 
Joe Fields Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 07:37 PM
Response to Reply #8
15. I am fully aware of the process. Writers have stunk up Hollywood
for quite some time now. I cut them almost no slack. Once in a great while there is a glimmer of great writing talent on display.

And still, I support them in their effort to achieve a better financial future for themselves.
Printer Friendly | Permalink |  | Top
 
Missy Vixen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:29 AM
Response to Reply #15
16. Hey, Joe, when did you write a blockbuster movie and/or make the NYT bestseller list?
If you are convinced that you have writing talent, please be sure and get an agent and submit an idea. It is more than difficult to sustain a career as a working writer.

Julie
Printer Friendly | Permalink |  | Top
 
MrCoffee Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 04:03 PM
Response to Original message
6. what in the world is "demonstrable potential worth"?
that makes no sense at all to me. "We take far less than our labor is demonstrably potentially worth on the understanding that most shows fail because we like what we do."
Printer Friendly | Permalink |  | Top
 
Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 04:41 PM
Response to Original message
7. We all bitch about pop culture crap, but then there's the reality behind it .....
.... money is being made. A lot of money. And we can argue about that, too. But the fact is, the writers (and other union and guild people in the entertainment industry, are the unsung heroes. The backbone. The essence. They absolutely deserve to share in the fruit of their labor.

Management will say the writers got paid when they got that first paycheck. Work for pay. The ownership of the work product goes to he who paid for it.

Bullshit.

Writing is an art form, not a work product.
Printer Friendly | Permalink |  | Top
 
Milo_Bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 05:20 PM
Response to Original message
9. This is why NOTHING gets accomplished
Because BOTH SIDES talk past each other and ultimately lie about the underlying argument.

No one is saying that the writer's shouldn't get residuals at all. NO ONE! The question really at hand is HOW THE RESIDUSALS WILL BE CALCULATED and in which mediums they should be available.

Both sides are currently (at least from reports and what little information I have received from friends semi-involved in the process) proposing unacceptable solutions.

There is a lot of "old world" vs "new world" going on right now and in reality, no one is sure how things will progress, so the contract should reflect that. Let me explain.

In the "old world" when a show failed, it died.

Enter the new world. Shows that fail even after only 1 season are sometimes released on DVD and can wind up becomming sucessful from that stream (e.g. Futurama) In the current agreements as I remember them, the writers do not collect any additional money for this new revenue stream... That is absolutely wrong and they should collect money from this new stream. From what I have read and understand, the writers want a flat residual calculation not at all dependent on the success of the show. This becomes VERY problematic, because often these DVD's are offered at deep discount prices to try and make up for the loss of the show, so a full season of a failed show might sell for $19.99 or 29.99 as a DVD, whereas a popular show can demand $39.99 - 49.99.

Should the writer be paid identical residuals for both shows?


Similar problems with the internet. Some shows are sold via itunes and do quite well. Some shows are reshown with commercials. Some shows are streamed with no commercials, just to try and gather interest in the show and generate no direct revenue.

Should each of these streams be treated equally for the purpose of residuals?



Printer Friendly | Permalink |  | Top
 
Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 05:30 PM
Response to Reply #9
10. Another Problem To Throw Into The Mix
Producers are looking for instant hits these days. They've already targeted shows to pull after just 2-3 airings. No longer do they allow a show time to attract an audience.
Printer Friendly | Permalink |  | Top
 
Milo_Bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 06:11 PM
Response to Reply #10
11. Too many chefs!
The problem is that almost every show has some people "for it" and some people "against it". In 2-3 airings, if the show hasn't caught on, the people who were "against it" suddenly gain a lot more power.
Printer Friendly | Permalink |  | Top
 
BadgerLaw2010 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 06:18 PM
Response to Reply #9
12. Actually, by saying they need to see "profitability", the producers ARE saying no residuals.
Under Hollywood accounting, nothing ever turns a profit. Studios are huge fans of carrying over losses on other projects onto the balance sheets of successful films.

"Net profits" are worthless in Hollywood. They don't exist. Any promise made on "we'll see how much money we make" is dishonest and bad faith.
Printer Friendly | Permalink |  | Top
 
Milo_Bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 06:59 PM
Response to Reply #12
14. Couldn't agree with you more!
Which is why I am saying that BOTH sides are being inherently dishonest at this time and talking past each other, which is what is leading to this strike.

If you sit down and examine the standard movie contract and know something about contract law, you can figure out that it is ABSOLUTELY IMPOSSIBLE for a movie to make money, because the contract accounts for more than 100% of the money... which means the bigger the hit, the bigger the loss. Recording contracts do this as well as I believe they STILL contain provisions for "broken records" which don't exist anymore.

The writers 100% ABSOLUTELY deserve residuals for ANY playing of their material that generates ANY MONEY for the studio/network/producer. (Even if that money doesn't cover the costs).

HOWEVER, the reality is that residuals do need to be scaled in some fundamental way to account for the different types of distribution and possibilities.

One side needs to present a reasonable plan to the other, explain it and stand on it, instead of continuing to spit rhetoric that the other side can easily debunk.

Printer Friendly | Permalink |  | Top
 
Spike89 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 03:27 PM
Response to Reply #14
19. Royalties rather than residuals
A flat fee then a royalty percentage (on gross, not net revenues) would seem to be a fair and easily enough program. The flat fee guarentees that a writer gets some pay for a script that the studio buys, even if it gets mucked in production (bad actors, script adjustments, or just never slotted/produced). Royalties begin with the first dollar coming back to the studio. This is the system books are published on, it should work with scripts.

The key is making it attractive to writers to submit, attractive to producers to buy, and fair to both when the project either fails or finds success.
Printer Friendly | Permalink |  | Top
 
SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-05-07 06:22 PM
Response to Original message
13. It's the same principle that unions have always used.. deferred compensation
taking less now in paycheck form, in order to get a better pension or retireee health care..until Big Biddnis comes along and say's "we're broke"..Thanks for all that extra money you let us keep for all those decades..sorry you're sick..but we're bailing..good luck to y'all..suckers!"
Printer Friendly | Permalink |  | Top
 
Squatch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:35 AM
Response to Original message
17. A residual is a deferred payment against the lifetime value of a (product)
So, if I buy a car today and it turns out to be an absolute collectors item in 20 years and the value increases to a brazillion times its current value, would the engineers be entitled to "residuals"?
Printer Friendly | Permalink |  | Top
 
Coexist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 03:05 PM
Response to Reply #17
18. only if the engineers accepted a $200/year salary in exchange for
that residual.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Sun May 12th 2024, 04:21 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC